Irndeep Kaur v. Guriqbal Singh & ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 36/2016 IRNDEEP KAUR ..... Petitioner Through Mr.B.S. Bagga, Adv.

versus GURIQBAL SINGH & ORS ..... Respondents Through Mr.S.C. Singhal, Adv.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 10.07.2017 The petitioner has invoked the jurisdiction of this Court under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973 praying for transfer of her complaint case No.834/1/14 titled as Irndeep Kaur v. Guriqbal Singh & Ors. from the court of MM, Mahila Court, Dwarka Courts, to MM, Mahila Court, West District, Tis Hazari Court, New Delhi. It is submitted by the counsel for the petitioner that the petitioner has filed said complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short "DV Act") in South West District which is now pending before the court of Ms.Purva Sarin, learned MM, Mahila Court, South West District, Dwarka. He submits that South West District has no jurisdiction to try the petition and actually under the wrong impression since the marriage was solemnized between the parties in the year 2012 within the jurisdiction of South West District, the petition was filed in the said district and the petitioner at the time of filing of the petition was residing in Tilak Nagar.

At this stage, learned counsel for the petitioner requests to withdraw her petition pending before the court of Ms.Purva Sarin, learned MM, Mahila Court, Dwarka Court, and submits that he would file the same before the competent court of jurisdiction in West District, Tis Hazari Courts. Learned counsel for the respondents submits that as and when the notice is received, he shall put in his appearance before the Court on behalf of the respondents.

The petition is disposed of accordingly.

VINOD GOEL, J.

JULY 10, 2017/jitender